The Ambiguities of Security Council Resolution 1422 (2002)

Abstract

SC Resolution 1422 (2002) is one of the most controversial resolutions of the Security Council. In order to surmount the United States' threat to block future UN peacekeeping missions, the members of the Council voted in favour of a resolution that requests the ICC to defer potential prosecutions of peacekeepers from non‐state parties to the Statute for a 12‐month period. What has been praised as a ‘pragmatic solution’ to the US demands is in fact a highly questionable legal compromise challenging not only the framework of the Rome Statute, but also the role and powers of the Security Council. This article discusses both the interplay between the Council's request and the Rome Statute, and the possible implications of the resolution for the ICC and its member states.